Nevada Attorney General Aaron D. Ford has joined a coalition of 23 attorneys general in asking the U.S. Supreme Court to support the Centers for Disease Control and Prevention’s (CDC) order that prohibits evictions during the COVID-19 pandemic. This order is aimed at stopping the spread of COVID-19.
In an amicus or friend-of-the-court brief, AG Ford and the attorneys general argue that the CDC’s eviction moratorium should remain in place and that states would face potentially catastrophic harm if it is suddenly lifted. Specifically, the coalition argues that without the moratorium in place, millions of vulnerable individuals would be unsafely forced from their homes and onto streets, crowded shelters, and others’ homes across state lines, risking the spread of COVID-19. With only about half of Americans fully vaccinated, authorities say such action could jeopardize the U.S.’s fragile health and economic recovery. Numerous jurisdictions passed their own local moratorium on evictions, but the CDC’s Order is critical to prevent the spread of COVID-19 across state lines.
In 2020, Congress passed COVID-19 relief legislation, which included a 120-day eviction moratorium for certain rental properties. When that legislation expired in July 2020, the CDC issued its own eviction moratorium order under its authority to protect public health. The CDC order protects certain tenants who aren’t able to pay full rent because of a loss of income or medical expenses from being evicted at residential properties nationwide. The order was originally set to expire on December 31, 2020, but was extended by Congress through January 31, 2021, and has been further extended by the CDC. It is currently set to run through June 30, 2021 and could be extended again.
The eviction ban was challenged by property owners, managers, and trade associations who want to resume evictions. The lower court in this case ruled that the CDC does not have the authority to order a national eviction ban but granted the government’s request to stay the court’s decision pending appeal. After the court of appeals denied plaintiffs’ motion to vacate the stay, the plaintiffs appealed to the Supreme Court, asking for the stay to be vacated.
Related:Â Federal Judge Temporarily Stays Ruling in Eviction Moratorium CaseÂ
Related:Â Governor Sisolak Extends State's Eviction Moratorium Through MayÂ
In addition to Nevada, other states who signed the brief include: California, Connecticut, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, and Wisconsin.
(Office of Nevada Attorney General contributed to this report.)Â
